Various Subject Matters of Copyright.

This blog is written by Alisha Khatoon, she is a 1st year law student pursuing B.A. LL.B (Hons.) from Aligarh Muslim University, Aligarh.

Introduction

Copyright is a legal concept that grants creators of original works exclusive ownership and control over their creations. It is seen as a way to enrich society's cultural and intellectual wealth by encouraging the creation and distribution of new artistic works. Copyright gives creators the sole right to use and distribute their work, while preventing others from doing so without permission. This legal protection covers a wide range of creative works, including literature, music, visual arts, and audiovisual content. In addition, copyright protection extends to computer programs, sound recordings, architectural designs, derivative works, and compilations. Governed by the Copyright Act of 1957 and subsequent amendments, copyright law aims to protect the rights of authors, artists, musicians, filmmakers, and other creators by granting them exclusive rights to their original works.

Subject Matter of Copyright

Protected works are subject matter that are safeguarded by copyright. According to Section 13 of the Copyright Act 1957, various types of works can be eligible for copyright protection. These include musical works, literary works, dramatic works, cinematography films, artistic works, and sound recordings.

Musical works are defined as creative pieces that consist of both music and any graphical notation of the work. However, performances intended to be sung, spoken, or acted alongside the music are excluded. The 2012 Amendment introduced a statutory license for cover versions. A song typically combines elements of both literary and musical work, with lyrics and tune forming the song. 

Literary works encompass materials that are recorded in written form. Although the legislation does not specifically define literary works, they are generally interpreted as materials documented in written format. This can range from computer programs and tables to compilations such as databases. 

Dramatic works include plays, scripts, screenplays, and choreographic works. These works are intended for performance, whether on stage, screen, or other media. Copyright protection extends to the dialogue, stage directions, and overall structure of the dramatic work.

Artistic works encompass visual creations such as paintings, drawings, sculptures, photographs, graphic designs, illustrations, and architectural designs. Copyright protects the visual expression of ideas, including the arrangement of shapes, colors, and forms in two-dimensional and three-dimensional artworks. 

Cinematographic works include films, movies, videos, documentaries, and animations. Copyright protects the audiovisual elements of the work, including the script, screenplay, cinematography, editing, and soundtrack. This category also covers motion pictures and multimedia productions.

Sound recordings refer to fixed recordings of sounds, voices, or music, regardless of whether they are in analog or digital format. Copyright safeguards these recordings.

Contemporary Position and Challenges

In the present era, copyright laws remain crucial tools for safeguarding intellectual property rights and encouraging creativity in various fields. The Copyright Act of 1957, along with subsequent revisions, serves as the foundation of the legal framework governing copyright protection in the nation. This law covers a broad spectrum of creative works, such as literary, musical, dramatic, artistic, and cinematographic works, as well as sound recordings and computer programs. With India undergoing a digital transformation, copyright laws have evolved to address the challenges and opportunities brought about by digital technologies. The proliferation of online platforms and digital content distribution has raised concerns regarding digital piracy, unauthorized sharing, and infringement. Striking a balance between the rights of copyright owners and the interests of users and the public remains a complex issue, particularly concerning fair use provisions and licensing agreements. Additionally, emerging technologies like artificial intelligence and blockchain pose new challenges for copyright laws, necessitating careful consideration and adaptation to ensure effective protection in digital environments. Ensuring access to justice for copyright disputes is also a pressing issue, especially for marginalized creators and small-scale rights holders. Tackling these challenges requires collaborative efforts from policymakers, law enforcement agencies, rights holders, and other stakeholders to strengthen enforcement mechanisms, improve access to justice, and cultivate a conducive environment for creativity and innovation in the digital era. Consequently, amendments to the Copyright Act have been introduced to address digital piracy, safeguard technological protection measures, and regulate online intermediaries.

In order to tackle these obstacles, it is imperative for policymakers, law enforcement agencies, rights holders, and other stakeholders to join forces and enhance enforcement mechanisms. Additionally, it is crucial to cultivate an environment that promotes creativity and innovation in the digital era.

Case Laws and Landmark Judgments

The Supreme Court's landmark ruling in R.G. Anand v Delux Films is an essential starting point for any discourse on Indian copyright law. The case establishes the fundamental principles of the idea-expression dichotomy, affirming that copyright protection applies solely to the expression of an idea, not the idea itself. In addressing an adaptation of the play 'Hum Hindustani,' the Supreme Court ruled that copyright cannot be claimed over an idea, subject matter, themes, plots, or historical and legendary facts. In such cases, infringement of copyright is limited to the specific form, manner, arrangement, and expression of the idea as presented by the author of the copyrighted work.

Another case is that of The Eastern Book Company v. D.B. Modak, this case stands as a pivotal landmark in Indian copyright law, particularly concerning the reproduction of judicial judgments. In this legal battle, Eastern Book Company (EBC), a prominent legal publisher, accused D.B. Modak, another legal publishing entity, of copyright infringement for reproducing judgments from the Supreme Court and other courts without authorization. The crux of the matter lay in whether judgments, being public pronouncements by judges, could be subject to copyright protection. The Supreme Court's ruling clarified this issue, affirming that judgments themselves are part of the public domain and thus not eligible for copyright. However, the court also recognized that compilations of judgments with value-added materials, such as headnotes and editorial notes, could qualify for copyright protection. In the case of EBC, their law reports included such value-added materials, which the court deemed copyrightable. As a result, D.B. Modak's reproduction of the judgments alone did not constitute copyright infringement, but would have infringed had they included the value-added materials. This judgment established a crucial distinction between the copyright status of judgments and compilations, influencing legal publishing practices and shaping the interpretation of copyright law in India.

The copyright case of Najma Heptulla v. Orient Longman Ltd .  revolves around the autobiography of Maulana Abdul Kalam Azad, titled "India Wins Freedom," authored by Professor Humayun Kabir. Maulana Azad shared his life experiences with Kabir, who transcribed them. Azad approved the finalized manuscript, completed in 1957. Azad passed away in 1958, just before the book's release. Kabir arranged for the National Archive Library to be the custodian of the manuscript, including an extra 30 pages to be published 30 years after Azad's death. Oriental Longman Ltd. published the book, excluding the additional pages, with approval from Azad's legal beneficiaries: his sister Fatima Begum and nephew Noorudin Khan. A court later confirmed Noorudin as the sole owner of Azad's writings. In 1988, Oriental Longman informed Noorudin of their intent to publish the additional 30 pages, and he agreed in writing. However, Fatima Begum's granddaughter later sent a legal notice asserting that Azad's legal heirs had exclusive rights to his works, preventing the National Archive Library from unsealing the additional pages and prohibiting their publication by Oriental Longman without her permission.

Illustration 

Our creative works, such as books authored by others, songs produced, paintings created, or even videos shot with friends, are protected by copyright rules. Imagine if someone has dedicated his life to producing something unique, such as an exciting novel. Copyright protects his work from being copied and sold by third parties without his express permission. Similarly, copyright guarantees that the creator of a intriguing movie keeps control over its distribution and showing if he creates a work that inspires and amuses viewers. He has the right to determine the location and format of the film's premiere, prohibiting unsanctioned viewings or copies, and limiting who is able to display or distribute it. Copyright is  like having a superpower that lets you decide who gets to use your work and how. It is a fundamental right that safeguards our creations and acknowledges our ownership over them, ensuring that our efforts are respected and protected in the vast world of creativity. 

Conclusion

In conclusion, copyright laws offer vital protection to artists in a wide range of creative pursuits. Copyright protects the rights of creators in a variety of artistic mediums, including music, visual arts, and cinematography, guaranteeing just recompense and acknowledgment for their contributions. Copyright promotes innovation and creativity by giving creators complete ownership over their reproduction, dissemination, and modification. This encourages artists to push boundaries and venture into uncharted territory. Copyright continues to be an essential tool for maintaining the integrity of artistic expression and sustaining the value of originality in a constantly changing cultural landscape as we traverse the intricacies of the digital age. By upholding copyright laws, we promote an atmosphere that encourages innovation while also assisting in the livelihoods of creators.

Sources:-

1. Copyright act 1957, s 13.

2. Anand and Anand, ‘Snapshot: the scope of copyright in India’(Lexology, 30 june 2020) <https://www.lexology.com/library/>  accessed 2 may 2024.

3. Arpan Banerjee and Neil Gane, ‘Copyright piracy and cybercrime: enforcement challenges in India’(World Intellectual Property organization, December 2022) < https://www.wipo.int/wipo_magazine/en/2022/04/ > accessed 4 may 2024.

4. (1978) AIR 1613 (SC).

5. (2008) 1 SCC 1.